1st Amendment and Free Speech/freedom of speech

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Expert: - 6/2/2008


Question
If my college professor forbids her students to discuss abortion in her class is she violating our constitutional right to freedom of speech?

Answer
Hi Nancy,

Please keep in mind I cannot provide specific legal advice in this forum.  However, I am happy to provide general information on the issue.

At a private college, the First Amendment does not apply at all.  It only applies to State actions of censorship.  Even at a public college, officials could put reasonable time, place, and manner restrictions on speech.  Officials have a right to limit the topics of conversation in the classroom in order to keep students on topic and to prevent undue disruption which could be caused by certain controversial issues.  Therefore, such a limitation on classroom discussions would probably be permitted.  

If, however, the school had some blanket ban on the topic, which prevented students from discussing it anywhere or anytime, that sort of a ban would likely be struck down.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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